Legal Question in Family Law in California
My wife and I divorced in 2008 and the settlement agreement specified that our house would be sold when I retired in 2011. She was given occupancy until the house sells. We have each been paying 50% of the expenses and the proceeds from the sale are to be split evenly. We owe $350,000 and a realtor told me the house should sell for $400,000 in today's market. My ex insists that the house is worth $500,000 and she wants $75,000 profit for her half. Is there anything I can do to force her to take current market value for the house? If so, what is the process?
3 Answers from Attorneys
Yes there is an answer. Get a formal appraisal of the house to resolve it's fair market value.
If she won't go for Ms. Kock's advice, you can take her back to your divorce court (it retains jurisdiction to enforce it's orders and judgment, and ask for an order that it be sold at or above a given price.
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